- orphaned child repeatedly raped by senior Social Development officer who took her in,
- officer’s adult son also raped the minor on several occasions,
- duo jailed 15 years for their despicable actions
Mohalenyane Phakela
A SENIOR Social Development Ministry official, Retšelisitsoe Thoahlane, and his adult son, Tumelo Thoahlane, have been jailed for 15 years each for raping a minor girl who they had taken into their care.
Mr Thoahlane is the Director of Disability in the Ministry of Social Development. His is a highly influential position and he ought to be an expert on matters concerning the disadvantaged members of society, especially the disabled and minors.
But as Maseru Magistrate ‘Manapo Motebele found on Monday, Mr Thoahlane abused his position. He took advantage of the minor’s vulnerability to repeatedly rape her over an unspecified period of time.
The minor is aged 11. She was taken into the Thoahlanes’ custody after it was discovered that her biological father had been raping her since she was nine. It is not clear what punishment, if any, was meted out to the minor’s father for turning her into a sex slave after the death of her mother.
But it appears the minor only jumped from the proverbial frying pan into the fire after the “Good Samaritan” Mr Thoahlane (53) turned into a ravenous wolf and repeatedly subjected her to a horrifying rape ordeal.
As if that was not horrifying enough, the minor’s attempts to seek help from Mr Thoahlane’s son, Tumelo, only landed her in more suffering. He also took advantage of her vulnerability to repeatedly rape her as well.
In addition to the trauma, the minor has been found to be suffering from sexually transmitted infections (STIs) after her rape ordeal.
In sentencing Mr Thoahlane, Magistrate Motebele said that the court had satisfied itself that he had taken advantage of the child because of her past and he acted with impunity because he believed she had no one to turn to.
The court also found that the minor had confided in Tumelo after being raped by Mr Thoahlane. But instead of helping her, the 23-year-old Tumelo also took advantage of the minor’s vulnerability and the duo repeatedly raped her on different occasions.
Tumelo is believed to be mentally handicapped but Magistrate Motebele ruled that this was no excuse for his criminal behaviour. She said while it was not normal that Tumelo was still in High School at his age, every human being- whether educated or not- knows the difference between good and evil.
“This court finds both accused guilty of sexually assaulting the 11-year-old child. They are therefore sentenced to 15 years imprisonment without an option of a fine,” Magistrate Motebele ruled.
“Sexual assault is a very serious crime against women and children paralysing this nation. There is a need for a serious sentence which will be a lesson and also warn those who wish to do the same act.
“The court is aware that rape does not only affect the victim physically but mentally as well because she will always carry the stigma of being a rape victim.
“We cannot also ignore the existence of HIV/AIDS and other Sexually Transmitted Infections (STIs). There was no evidence that the accused used protection while repeatedly sexually assaulting the child and they may not even know their status. The child was found to have STIs.
“The court is minded that a person does not need any level of education to distinguish between what is good and bad, hence these shameful incidents occur in the dark or in hidden places.”
Magistrate Motebele also chided Mr Thoahlane for his criminal conduct. She said someone in his field of work should have protected the child at all costs. She said the courts had to restore the public’s trust in the justice system by sending a strong message that such abhorrent acts would not be tolerated.
“Accused one (Thoahlane) should have protected this child more than anyone else because of his position as an officer in the Social Development ministry which is mandated to protect the rights and welfare of children.
“It is so unfortunate that after doing such a good thing of taking the child from her sexual predator father, he (Thoahlane) also took advantage of the child who had no one to turn to. Accused two (Tumelo) also took advantage when the child confided in him. This child viewed the accused as her father and brother respectively, and sought protection from them.
“If the mother was still alive she would have protected the child from all this evil. The courts should work hard to protect children from these jackals who are raping the vulnerable. The Children’s Protection and Welfare Act clearly states that everything done should be in the best interests of the child and therefore it is our duty as courts to protect children. We have to rebuke these shameful incidents and restore the public trust in the justice system,” Magistrate Motebele said.
